Laserfiche WebLink
Case 16-42529 Doc 149 Filed 04/15/16 Entered 04/15/16 16:16:59 Main Document <br />Pg 41 of 71 <br />14. Adequate Protection of Second Lien Secured Parties. The Second Lien Secured <br />Parties are entitled, pursuant to sections 361, 362, 363(e), 364(d)(1) and 507 of the Bankruptcy <br />Code, to adequate protection of their respective interests in the Pre -Petition Collateral, <br />including the Cash Collateral, for and equal in amount to the aggregate diminution in the value <br />of their respective interests in the Pre -Petition Collateral as provided in the Bankruptcy Code, <br />the priming of the Second Lien Noteholders' security interests and liens in the Pre -Petition <br />Collateral by the DIP Agent and the DIP Lenders pursuant to the DIP Documents and this <br />Interim Order and the imposition of the automatic stay pursuant to section 362 of the <br />Bankruptcy Code (the "Noteholder Adequate Protection Claim" and, together with the <br />Senior Lender Adequate Protection Claim, the "Adequate Protection Claims"). As adequate <br />protection, the Second Lien Secured Parties are hereby granted the following (collectively, the <br />"Noteholder Adequate Protection Obligations" and, together with the Senior Lender <br />Adequate Protection Obligations, the "Adequate Protection Obligations"): <br />(a) Second Lien Noteholder Adequate Protection Liens. The Second Lien <br />Notes Trustee (for itself and for the benefit of the Second Lien Noteholders) is hereby granted <br />(effective and perfected upon the date of this Interim Order and without the necessity of the <br />execution by the Debtors of mortgages, security agreements, pledge agreements, financing <br />statements or other agreements), in the amount of the Noteholder Adequate Protection Claim, a <br />security interest in and lien upon all of the Collateral, subject and subordinate only to (i) the DIP <br />Liens, and any liens on the Collateral to which such liens so granted to the DIP Agent are junior; <br />(ii) the Senior Lender Adequate Protection Liens, (iii) the Fees Carve Out, (iv) the Bonding <br />Carve Out and (v) the Pre -Petition Lender Security Interests (the "Noteholder Adequate <br />Protection Liens" and together with the Senior Lender Adequate Protection Liens, the <br />41 <br />